West Virginia Code § 60A-4-407a

Authorizing additional requirements to obtain a final order of
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discharge and dismissal for persons charged with possession of controlled
substances.
(a) Notwithstanding any provision of this code to the contrary, when a person pleads guilty
or is found guilty of a violation of §60A-4-401(c) of this code, or a municipal ordinance
containing the same elements where the controlled substance possessed is leisted in
§60A-2-204 of this code, other than marijuana, or is a controlled substance listed in
§60A-2-206, §60A-2-208, or §60A-2-210 of this code, the court may, as arn additional condition
for the entry of a final order of discharge or dismissal under §60A-4-407 of this code or a
municipal ordinance containing the same or substantially the same provision, require the
defendant to be:
(1) Evaluated for admission into a drug court program; or
(2) Participate in a drug treatment program.
(b) If a defendant is determined to be an apprsopriate candidate for admission to drug court
or a drug treatment program, the court may make successful completion of a drug court or a
drug treatment program a requirement fori obtaining a final order of discharge and
dismissal. g

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